CLA1502 Assignment 1 (COMPLETE ANSWERS) Semester 1 2024

CLA1502 Assignment 1 (COMPLETE ANSWERS) Semester 1 2024 - DUE 15 March 2024

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the boat is in excellent condition and was barely used. Kwena applies to XYZ Bank to finance the purchase price of the boat. The parties agree that Themba will...

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the boat is in excellent condition and was barely used. Kwena applies to XYZ Bank to finance the purchase price of the boat. The parties agree that Themba will deliver the boat to Kwena once XYZ Bank approves the application for the financing of the boat. XYZ Bank approves the application for financing, and Themba delivers the boat to Kwena. Kwena takes the boat to Hartebeespoort Dam for a test-drive. While driving the boat, the engine makes a loud noise, and the boat comes to a halt. Upon inspection, it is discovered that the engine was never serviced and maintained. The mechanic advises Kwena that the boat needs a new engine. Answer the following questions: 1.1 What common-law right of Kwena as a purchaser was infringed by Themba? (1) 1.2 What aedilitian actions can Kwena institute against Themba? (2) 1.3 What remedy can Kwena use to enforce his rights as a purchaser against Themba? In your answer, you must refer to the instances when this remedy can be relied on as per the scenario above and what Kwena can claim from Themba. (7) [10] QUESTION 2 Sebola leased a flat to Enrico. The contract of lease was terminated by effluxion of time. The lease agreement was for a fixed period of 12 months. Enrico and his family refuse to vacate the flat. Sebola applies for an eviction order. 2.1 Which Act will be applicable to this scenario. (1) 2.2 Advise Sebola on the application process for an eviction order. (4) 2.3 Advise Sebola under what circumstances will the court consider granting an eviction. (5) [10] TOTAL:

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